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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Absence of Contributory Negligence and Enhances Compensation. Claimants awarded increased compensation under Section 166 of Motor Vehicles Act, 1988 for death of deceased in truck accident, with multiplier of 16 and future prospects.

The appeal was filed by the original claimants, being the wife, minor daughter, and parents of the deceased Deepak Patil, who died in a motor vehicle ...

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Bombay High Court Dismisses Revision Against Rejection of Inquiry into Valuation and Court Fees in Suit for Declaration of Sale Deed as Void. Court Held That Section 8 of Maharashtra Court-Fees Act, 1959 Confers Discretion on Trial Court to Inquire into Valuation, Not a Mandatory Duty.

The case arises from a civil suit filed by the plaintiff (respondent No.1) seeking a declaration that a sale deed of suit property is void, illegal, a...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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Bombay High Court Partly Allows Land Acquisition Appeal, Grants Uniform Compensation Rate of Rs.1,60,000 per Hectare for Bembla Project Land. The court applied the precedent from First Appeal No. 863/2010 to award compensation at the same rate with statutory benefits under the Land Acquisition Act, 1894.

The appellant, Keshaorao Narayanrao Kawalkar, filed a first appeal under the Land Acquisition Act, 1894, seeking enhanced compensation for his land ac...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...